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LAWS 



RELATING TO 



FORL5TRY 

AND THE. SUPPRL55ION OF THE 

GYPSY AND BROWN-TAIL MOTHS 




by 

F. W. RANL, State Forlstlr 

'* Room 408, State House, Boston, Mass.. U. 5. A. 



S]}^^, 






Publication of this Document 

approved by the 
Supervisor of Administration. 



LIBRARY OF CONGRESS 

MAY 1419^1 



INTRODUCTION. 



The last general edition of the forest laws of this Common- 
wealth was issued in 1909. Our supply of the little blue 
booklet in which these laws were contained has long since 
been exhausted. Since that time both the fire laws and 
gj'psy moth laws have been amended, and special editions of 
these laws have been published, but our supply of these, too, 
has been used up. We do not include in this booklet the 
forest taxation law, because this act is bound in a separate 
pamphlet, and its inclusion in this booklet is unnecessary. 
This publication does not contain the shade-tree kiws of the 
Commonwealth, although it might fittingly do so, because 
the enforcement of these laws does not come within the 
jurisdiction of the State Forester. . We are always glad, 
however, to advise with any one in regard to these laws 
and other shade-tree problems. 

The chapter on the work of the Massachusetts forestry 
department may help to make clear the meaning of the laws 
on which our work is based. 

F. W. RANE, 
State Forester. 

July 1, 1918. 



CONTENTS 



PAGE 

Introduction ......... 3 

Gypsy Moth Suppression ....... 7 

Forest Utilization ........ 8 

Forest Fire Prevention ........ 9 

General Forestry . . . . . . .10 

State Forest Commission . . . . . . .12 

Massachusetts Forest Laws ....... 13 

The State Forester 13 

Reforestation ......... 16 

State Forest Commission . . . . . . .19 

Town Forest Law ........ 21 

Forest Fire Laws ......... 25 

Forest Wardens in Cities and Towns . . . . .25 

Powers of Forest Wardens . . . . . . .27 

Setting of Fires in the Open Air . . . . . .29 

Disposal of Slash . . . . . . . . .31 

Exemplary Damages, etc. ....... 32 

Lands adjoining Railroads ....... 33 

Town Appropriations ........ 36 

Use of Spark Arresters ........ 37 

Close Season for Game ........ 38 

Punishable Offences ........ 39 

Laws relating to Gypsy Moth Suppression . . . .42 

Act to provide for Suppression of Gypsy and Brown-tail Moths . 42 
Act relative to Abatement of Taxes . . . . .53 

Act to authorize Local Superintendents to furnish Lead . . 54 

Act to authorize Cities and Towns to suppress Tent Caterpillar, 

etc. . . . . ... . . . . .55 

Act to authorize Cities and Towns to purchase Arsenate of 

Lead .......... 56 



THE MASSACHUSETTS FORESTRY DEPARTMENT. 



The work of the State Forester is divided into four branches, 
under separate administrative heads, as follows: gypsy motli, 
forest fifes, forestry, and forest utilization. We do not mean 
to indicate that there is a distinct line of cleavage between 
these four branches and that each works independently of 
the other. The object of the State Forester, as stated by 
law, is the perpetuation, extension, protection, and proper 
management of the forest lands of the Commonwealth, both 
public and private (Acts of 1904, chapter 409, section 2). 
All of these branches work together to produce this result, 
and their work must interlock, as their interests are united. 

Gypsy Moth Suppression. 

The law provides that each individual town shall care for 
the suppression of the gypsy and brown-tail moths within its 
borders through a local superintendent appointed by the 
selectmen or mayors and approved by the State Forester. 
In carrying out measures for such suppression, the local 
superintendent acts under the direction of the State Forester, 
his deputized assistant, and district superintendents. We 
shall not go into detail in regard to the financing of this 
work as provided by law as the details are somewhat com- 
plicated. Suffice it to say that each town has a liability which 
is one twenty-fifth of one per cent, of its valuation. This 
sum, which amounts to only a few hundreds in small towns 



8 



and runs up to five thousand dollars in cities, the connnunity 
must spend from its own funds, provided the conditions call 
for it. Where amounts in excess of the liability are spent by 
the towns, the whole or portion of said excess is reimbursed 
by the State to the town, such reimbursement depending upon 
the valuation of the town. Formerly such reimbursement 
was paid in money, but now such payments are made as far 
as possiljle in the form of supplies, as it has been found that 
the State can secure supplies cheaper than the towns and 
thus the money goes further. 

In combating insects the State forester is limited to work 
against the gypsy and brown-tail moths. In regard to other 
insects he can act only in an advisory capacity, and if towns 
wish to combat such a pest they must do so at their own ex- 
pense, through a special appropriation. 

The State Forester is superintendent of moth work. He 
has an assistant who supervises the work of the five district 
moth superintendents. There is in addition a purchasing 
agent, who looks after the buying and distribution of the 
supplies used in the moth work and incidentally does the 
same service for the other branches of the Department. 

Forest Utilization. 

Special conditions sometimes call for an effort not specifi- 
cally provided for by law, and such is the work of this branch. 
Owing to the depredations of the gypsy moth, a great deal 
of the oak timber in the eastern part of the State has been 
killed or partially killed, and the normal market for this 
material was overflowed, with the result that much valuable 
wood was going to waste because there was no profitable 
outlet for it. Furthermore, it has been scientifically dem- 



9 



onstrated that mixed woodland which has not j'^et been 
seriously infested can lie in part protected by the removal of 
the trees most susceptible to the gypsy moth. The condi- 
tions that have come to pass in the oak woodlands of the 
eastern part of the State are also present in the chestnut 
stands of the central and western sections, because of the 
effects of the bark disease. For the purpose of finding a mar- 
ket for the unmarketable material, and to assist the owner in 
getting this material ready for the market, this branch of the 
work was organized. The utilization branch not only finds 
the market for the private owner but supervises the opera- 
tion of the woodlot, placing the contracts for cutting, milling, 
etc., and selling the product. The owner, of course, pays all 
the costs except the supervision. Although this branch is at 
present chiefly interested in oak and chestnut and their prod- 
ucts, the market information which it gathers extends to all 
species of wood and classes of products. The advantage to 
the Commonwealth of this work is that material which would 
likely go to waste is placed upon the market, and that wood- 
lot owners, receiving a better price for their product than 
they were accustomed to receive, are encouraged to think 
better of forestry as a woodland investment than they other- 
wise would. 

The forester in charge of this branch has two assistants, 
one in the field and one in the office, besides several field 
foremen who take charge of the cutting and logging ojiera- 
tions on the estates under his care. 

Forest Fire Prevention. 

The work of fighting forest fires in each town is in the 
hands of a local forest warden, who is appointed by the mayor 
or selectmen with the approval of the State Forester. The 



10 



local wardens act under the general supervision of the State 
Fire Warden and his district deputies. The entire expense of 
fire fighting is borne by the towns, except in the case of rail- 
road fires where they can collect from the corporation. The 
State Fire Warden can, however, compensate certain small 
towns for fifty per cent, of the value of fire-fighting equipment 
which they purchase with his approval. Aside from the super- 
vision of local wardens the efforts of the State fire service are 
directed towards the .prevention and quick detection of 
fires. The first line of work is carried out by the publishing 
of the fire laws on posters and by other means, the insjDection 
of spark arresters on locomotives and the clearing of rights 
of way. The second is secured by a complete system of 
fire watch towers, now numbering thirty-six, which are con- 
nected by telephone with the local wardens in their district. 
Watchmen are maintained in these towers for about six or 
seven months in the year. 

This Department maintains two fire trucks in the central 
and western parts of the State for use at fires which have got 
beyond the control of the local authorities. 

The State Forester, as head of the fire service, deputizes 
his powers to a State Fire Warden, who has the assistance of 
fire district wardens and the watchmen mentioned above. 



General Forestry. 

We have left this branch until the last for under it are gath- 
ered a variety of activities which the other branches with 
their more definite work do not touch. It is a sort of general 
utility branch. The work of this branch may be subdivided 
into five lines, although these lines do not necessarily cover 



11 



all its work, for special temporary activities are placed upon 
it from time to time. 

(o) Reforestation. — Under the reforestation law (Acts of 
1907, chapter 487) owners of cut-over and waste land who 
wish to have it reforested can turn over their land to the 
State Forester for a period of ten years. At the ex])iration 
of this period the owner can reclaim his land by paying what 
the Department has laid out upon it for planting and other 
work. To date one hundred and fifty plantations, amounting 
to six thousand acres, have l>een reforested under the terms 
of this law. 

(6) State Nurseries. — This branch maintains two prin- 
cipal and three sub or transplant nurseries for the propaga- 
tion of forest planting stock. This stock is grown, first, for 
use of the Department for planting on reforestation lots 
and State forests; second, for use by other State depart- 
ments; third, for municipalities; and last, for sale at cost 
to private owners. 

(c) Examination. — The forest law provides that any 
owner of woodland may call on the State Forester for an 
examination of his woodland or trees. The cost of such an 
examination to the owners covers the traveling expenses of 
the visiting forester. The subjects covered in such examina- 
tions range from an estimate of timber to the identification of 
a disease on a tree or shrub. 

(d) State Forests. — Under the law the State forests pur- 
chased by the State Forest Commission are turned over to 
the State Forester for administration. As the Legislature 
has made no special appropriation for this purpose, the 
amount of work done along this line is limited, but consid- 
erable has been done in the construction of fire lines, wood 
roads, and planting. 



12 



(e) Educational Work. — This is carried on by the pulilica- 
tion of bulletins, the dissemination of newspaper articles, the 
arrangement of exhibits at fairs, and other public celebra- 
tions, through correspondence, and by personal interviews. 

There is an assistant forester in charge of the work in this 
Department and two other foresters, one of whom is located 
at Springfield. There are three nursery foremen and three 
field foremen, who are permanent employees. 

State Forest Commission. 

Although this department is not a part of the State For- 
ester's office, it is so closely associated with it that a review 
of this kind would not be complete unless it were mentioned. 
Upon this commission is placed the duty of selecting and pur- 
chasing large areas of waste land at prices not to exceed five 
dollars per acre for reforestation and management on the 
part of the State Forester. He is, in fact, one of the three 
commissioners. They have only one permanent employee, 
an engineer, who carries out the directions of the commission 
in getting together the land and making the necessary sur- 
veys. There are at present four State forest reservations, 
containing in all about eleven thousand acres. 



13 



MASSACHUSETTS FOREST LAWS. 



GENERAL FORESTRY. 
The State Forester. 

1904, 409, sect. 1, as amended, 1907, 473, 1909, 263, and 
G. A. 1917, 63. The governor, with the consent of the council, 
shall appoint an officer to be known as the state Appointment 

forester, and shall determine his salary. He and quaiifl- 

cations. 
shall be a trained forester who has had a tech- 
nical education. He shall act for the commonwealth in 
suppressing the gypsy and brown-tail moths as public nui- 
sances. The governor may, with the consent of the council, 
remove the state forester at any time for such cause as he 
shall deem sufficient. In case of the death, removal or resigna- 
tion of the state forester the governor shall forthwith appoint 
a successor. The state forester shall be furnished with an 
office in the state house and may expend for the services of 
clerks, stenographers and other office assistants, for travel- 
ling expenses necessarily incurred in the discharge of his 
duties, for office supplies, and for incidental expenses, in- 
cluding the printing and binding of his annual report, such 
sums as the general court shall annually appropriate. The 
office of superintendent for suppressing the gypsy and brown- 
tail moths is hereby abolished. All the powers, rights, duties 
and liabilities of the said superintendent are hereby trans- 
ferred to th? state forester. No existing contracts, proceed- 



14 



ings or liabilities shall be affected hereby, but the state forester 
shall in all respects and for all purposes be the lawful suc- 
cessor of the superintendent for suppressing the gypsy and 
brown-tail moths. 

1904, 409, sect. 2. It shall be the duty of the state forester 
to promote the perpetuation, extension and proper manage- 
Duties of ment of the forest lands of the commonwealth, 
state forester, j^q^]^ py]-,!}^ ^nd private. He may upon suitable 
request give to any person owning or controlling forest lands 
aid or advice in the management thereof. He shall give such 
a course of instruction to the students of the Massachusetts 
Agricultural College on the art and science of forestry as may 
be arranged for by the trustees of the college and the forester; 
and shall perform such other duties from time to time as 
may be imposed upon him by the governor and council. The 
state forester shall have the right to publish the particulars 
and results of any examination or investigation made by him 
or his assistants as to any lands within the commonwealth, 
and the advice given to any person who has applied for 
his aid or advice. Any recipient of such aid or advice shall 
be liable to the state forester for the necessary expenses of 
travel and subsistence incurred by him or his assistants. 
The state forester shall account for moneys received under 
this clause according to the provision of section five. 

1904, 409, sect. 3. The state forester may establish and 
maintain nurseries for the propagation of forest tree seed- 
Establishment lings upon such lands of the commonwealth, at 
of nurseries, ^j^^ Massachusetts Agricultural College at Am- 
herst, or at any other state institution, as the superintendent 
or trustees of the institution may set apart for this purpose. 
Sui^erintendents of institutions where land is set apart for 
this purpose may furnish free of cost the labor of their inmates 



15 



necessary to estal:)lish and maintain the said nurseries. Seed- 
lings from these nurseries shall be furnished to the com- 
monwealth without expense for use upon reservations set 
aside for the propagation of forest growths for other than 
park purposes. All stock grown in nurseries established under 
the provisions of this act shall be used within the limits of 
the commonwealth and shall be furnished to state institu- 
tions free of charge. The state forester may distribute seeds 
and seedlings to land owners, citizens of the commonwealth, 
under such conditions and restrictions as he may determine, 
subject to the approval of the governor and council. 

1904, 409, sect. 4. The state forester is hereby empowered, 
subject to the approval of the governor and council, to hire 
such assistants as he may need in the perform- Forestry 
ance of his duties, and to fix their salaries. 

1904, 409, sect. 5. The state forester shall annually, on 
or before the thirty-first day of December, make a written 
report to the general court of his proceedings Forester's 
for the year ending on the thirty-first day of ^^^°^ • 
December, together vnth. such recommendations as he may 
deem proper, and with a detailed statement of the receipts 
and expenditures incident to the administration of his office. 

1904, 409, sect. 6, as amended, 1907, 473, sect 2. Such 
sums as the general court shall authorize may be expended 
annually by the state forester, with the approval Expendi- 
of the governor and council, in carrying out the 
provisions of this act. 

1911, 722, sect. 1. The state forester is hereby empowered 
to appoint an assistant to be known as the state fire warden, 
whose special duty it shall be to aid and advise Appoint- 
the forest wardens and their deputies in towns ^*ltate fire 



and the municipal officers exercising the functions 



warden. 



16 



of forest wardens in citit^s, in preventing and extinguishing 
forest fires and in enforcing the laws relative to forest fires, 
and may from time to time designate not more than fifteen 
deputies to aid such state fire warden in the discharge of his 
duties. 

1911, 722, sect. 2. The state fire warden appointed under 
the terms of section one shall report annually upon his work 
Annual and upon the forest fires occurring in the com- 

repor . monwealth, and his report shall be included in 

and be printed as a part of the state forester's annual report. 

1911, 722, sect. 3. The deputies of the fish and game com- 
missioners shall report to the state fire warden the situation 
Reports and extent of any forest fire occurring within 

deputies of the district to which they are assigned, and 
game com- they shall report to him monthly their doings 
missioners. under chapter two hundred and ninety-nine of 
the acts of the year nineteen hundred and seven. 

Reforestation. 

1908, 478, sect. 1, as amended, 1909, 214. For the purpose 
of experiment and illustration in forest management and for 
Purchase of the purposes specified in section seven of this act, 
the sum of fiYe thousand dollars may be expended 
in the year nineteen hundred and eight, and the sum of ten 
thousand dollars annually thereafter, by the state forester, 
with the advice and consent of the governor and council, in 
purchasing lands situated ^vithin the commonwealth and 
adapted to forest production. The price of such land shall not 
exceed in any instance five dollars per acre, nor shall more 
than eighty acres be acquired in any one tract in any one year, 



17 



except that a greater area may so l)o acquired if the land pur- 
chased directly affects a source or tributary of water supply 
iu any city or town of the commonwealth. All lands acquired 
under the provisions of this act shall be conveyed to the 
commonwealth, and no lands shall be paid for nor shall any 
moneys be expended in improvements thereon until all 
instruments of conveyance and the title to be transferred 
thereby have been approved by the attorney-general and 
until such instruments have been executed and recorded. 

1908, 478, sect. 2. The owners of land purchased under 
this act, or their heirs and assigns, may repurchase the land 
from the commonwealth at any time within ten Repurchase 
years after the purchase by the commonwealth, ^ o^"®^^. 
upon paying the price originally paid by the commonwealth, 
together with the amount expended in improvements and 
maintenance, Avith interest at the rate of four per cent per 
annum on the purchase price. The state forester, with the 
approval of the governor and council, may execute in behalf 
of the commonwealth such deeds of reconveyance as may be 
necessary under this section: prorided, however, that there 
shall be included in such deeds a restriction requiring that 
trees cut from such property shall not be less than eight inches 
in diameter at the butt. 

1908, 478, sect. 3. The state forester may in his discretion, 
but subject to the approval of the deed and title by the attor- 
ney-general as provided in section one, accept on Gifts of 
behalf of the commonwealth gifts of land to be ^" " 
held and managed for the purpose hereinbefore expressed. A 
donor of such land may reserve the right to buy back the land 
in accordance with the provisions of section two, but in the 



18 



absence of a provision to that effect in his deed of gift he shall 
not have such right. 

1908, 478, sect. 4. Land acquired under the provisions of 
this act shall be under the control and management of the 
Control and state forester, who may, subject to the approval 
manageiDen . ^^ ^j^^ governor and council, cut and sell trees, 
wood and other produce therefrom. 

1908, 478, sect. 5. All moneys received by or payable to 
the commonwealth or any one acting on its behalf under the 
provisions of this act shall be paid into the treasury of the 
commonwealth. 

1908, 478, sect. 6. Land acquired under the provisions of 

this act and subsequently reconveyed under the provisions of 

„ . sectfons two or three shall not be exempt from 

Taxation. 

taxation on account of any plantation of trees 

set out or planted while it was held by the commonwealth. 

1908, 478, sect. 7. For the purpose of assisting in re- 
forestation a portion, not exceeding twenty per cent of the 
D"stributi n ^^^oney authorized by this act to be expended 

of seeds and may be used by the state forester for the dis- 
seedlings. 

tribution at not less than cost of seeds and seed- 
lings to land owners who are citizens of the commonwealth, 
under such conditions and restrictions as the state forester, 
subject to the approval of the governor and covmcil, may 
deem advisable. 

1908, 478, sect. 8. The state forester shall replant or other- 
wise manage all land acquired by the commonwealth and 
held by it under the provisions of this act, in such manner as 
will, in his judgment, produce the best forest growth both as 
to practical forestry results and protection of water supplies. 

1908, 478, sect. 9. All acts and parts of acts inconsistent 
herewith are hereby repealed. 



19 



1910, 153, sect. 1. The state forester, with the approval of 
the governor and council, is hereby authorized to accept, 
on behalf of the commonwealth, bequests or Acceptance 
gifts to be used for the purpose of advancing the by state*^'* 
forestry interests of the commonwealth, under fo"^®**^*"- 
the direction of the governor and council, in such manner 
as to carry out the terms of the bequest or gift. 

1908, 121. Resolved, That such publications of the state 
forester as shall be designated by the governor and council 
may be sold by the state forester at a price not Forestry 
less than the cost thereof; and additional copies ^" »cations. 
may be printed for sale at the discretion of the governor and 
council, the expense thereof to be paid from the receipts from 
such sales. Any amounts received from such sales shall be 
paid into the treasury of the commonwealth. 

State Forest Commission. 

1914, 720, sect. 1. There is hereby established a state 
forest commission, to be composed of three j^ersons, one of 
whom shall be the state forester and two other 
members who shall be appointed by the gov- 
ernor, with the advice and consent of the council, and who 
shall serve without compensation. The term of office of the 
appointive members of the commission shall be six years, 
except that when first appointed one of the members shall be 
appointed for six years and one for three years. Thereafter 
one member shall be appointed every third year. 

1914, 720, sect. 2. The commission shall have power to 
acquire for the commonwealth by purchase or otherwise, and 
to hold, woodland or land suitable for timber ^ 

PowGrs 

cultivation within the commonwealth. The com- 



20 



mission may, after a public hearing, sell or exchange any 
land thus acquired which in the judgment of the commission 
can no longer be used advantageously for the purposes of this 
act. The average cost of land purchased by the commission 
shall not exceed five dollars an acre. 

1914, 720, sect. 3. Lands acquired under the provisions of 
this act shall be known as state forests and shall be under the 
„ ^ , _, control and management of the state forester. 

Control and 

management He shall proceed to reforest and develop such 
lands and shall have power to make all reason- 
able regulations which in his opinion will tend to increase the 
public enjojTnent and benefit therefrom and to protect and 
conserve the water supplies of the commonwealth. The 
state forester shall keep and publish in his annual report an 
account of all money invested in each state forest and of the 
annual income and expense thereof. 

1914, 720, sect. 4. In the reforestation, maintenance and 
development of lands purchased under this act, the state 
Labor on forester, so far as is practicable, shall obtain the 
labor necessary therefor under the provisions of 
chapter six hundred and thirty-three of the acts of the year 
nineteen hundred and thirteen, and acts in amendment thereof 
and in addition thereto. 

1914, 720, sect. 5. Land acquired under the provisions of 
this act shall be exempt from taxation; but the commonwealth 
Exempt from shall reimburse cities and towns in which such 
lands are situated for taxes lost by reason of their 
acquisition, in the same manner and to the same extent as in 
the case of lands acquired for public institutions under the 
provisions of chapter six hundred and seven of the acts of the 
year nineteen hundred and ten. 



21 



1914, 720, sect. 6. The sum of ten thousand dollars may be 
expended during the present year and the sura of twenty 
thousand dollars may be expended annually for Appropria- 
the four succeeding years by the state forest com- *°'^*' 
mission in the acquisition of lands under the provisions of 
this act: provided, that the said commission may, at its 
discretion, authorize the state forester to expend a part of 
said sum in the maintenance of said lands. If any part of 
said twenty thousand dollars remains unexpended at the 
close of any year, the balance may be expended in the follow- 
ing j^ear. The said commission may also expend not more 
than five hundred dollars annually for its necessaiy expenses 
incurred in carrying out the provisions of this act. 

Town Forest Law. 

Be it etiactcd, etc., as follows: 

1913, 564, sect. 1. Section twenty-three of chapter twenty- 
eight of the Revised Laws is hereby amended by striking out 
the word "a", before the word "town", in the second line, 
and inserting in place thereof the words: — an annual, — 
by inserting after the word "therefor", in the eighth line, 
the words : — but the indebtedness so incurred shall be 
limited to an amount not exceeding one half of one per cent 
of the last preceding assessed valuation of the city or town, 
— and by striking out the words "commonwealth for the 
benefit of the", in the eleventh line, so as to read as fol- 
lows: — Section 23. A town, by a vote of two thirds of the 
legal voters present and voting at an annual public 
town meeting, or a city in which the city council 
consists of two branches, by a vote of two thirds of the mem- 



22 



bers of each branch, and a city in which there is a single 
legislative board, by a vote of two thirds of the members 
thereof, present and voting thereon, may take or purchase 
land within their limits, which shall be a public domain, and 
may appropriate money and accept gifts of money and land 
therefor; but the indebtedness so incurred shall be limited to 
an amount not exceeding one half of one per cent of the last 
preceding assessed valuation of the city or town. Such 
public domain shall be devoted to the culture of forest trees, 
or to the preservation of the water supply of such city or 
town and the title thereto shall vest in the city or town in 
which it lies. 

1913, 564, sect. 2. Said chapter twenty-eight is hereby 
further amended by striking out section twenty-five and 
inserting in place thereof the following : — Section 25. The 
city or town forester in each city or town, with one or more 
keepers appointed by him, shall have the management and 
charge of all such public domain in that city or 

Regulations .... , i i- i • i ,i i" 

regarding town, and withm such public domain shall have 
the powers of constables and police officers in 
towns. But a town by a vote of two thirds of the legal voters 
present and voting at an annual town meeting, or a city in 
which the city council consists of two branches, by a vote of 
two thirds of the members of each branch, and a city in 
which there is a single legislative board, by a vote of two 
thirds of the members thereof present and voting thereon, 
may place all such public domain within its limits under 
the general supervision and control of the state forester, who 
shall thereupon, upon notification thereof, make regulations 
for the care and use of such public domain and for the plant- 
ing and cultivating of trees therein, and the city or town 



23 



forester in such case and his keepers, under the supervision 
and direction of the state forester, shall be charged with the 
duty of enforcing all such regulations and of performing such 
labor therein as may be necessary for the care and main- 
tenance thereof; and within such public domain shall have 
the powers of constables and police officers in towns. 

1913, 564, sect. 3. Said chapter twenty-eight is hereby 
further amended by striking out section twenty-six and 
inserting in place thereof the following: — *Sec- May lease 
lion 26. Any such city or town may lease any "' "^^' 
building on a public domain, and shall apply all sums de- 
rived from rents or from the sale of the products of any 
such domain, so far as may be necessary, to the management 
thereof. 

1913, 564, sect. 4. Said chapter twenty-eight is hereby 
further amended by striking out section twenty-seven and 
inserting in place thereof the following: — Section 27. Any 
city or town in which such a public domain is situated may 
erect thereon any building for public instruction May erect 
or recreation: provided, that if such public do- "* ^'^^' 
main has been placed under the supervision and control of 
the state forester, under the provisions of this act, no such 
building shall be erected unless liis approval shall first be 
obtained. 

1913, 564, sect. 5. Said chapter twenty-eight is hereby 
further amended by striking out section twenty-nine and 
inserting in place thereof the following: — Section 29. For 
the purpose of defraying the expenses incurred under the 
provisions of the six preceding sections any city or to'svn may 
issue from time to time, and to an amount not exceeding the 
sum actually expended for the taking or purchase of lands for 



24 



such public domain, bonds or notes. Such bonds or notes 
shall be denominated on the face thereof, City or Town of 
, Public Domain Loan, Act of 1913; shall be 
payable by such annual payments, beginning not more 
than one year after the date thereof, as will extinguish each 
How loan within thirty years from its date; and the 

nance . amount of such annual payment of any loan in 
any year shall not be less than the amount of the principal 
of said loan payable in any subsequent year. Each author- 
ized issue of bonds or notes shall constitute a separate loan. 
The bonds or notes shall bear interest at a rate not exceeding 
four and one half per cent per annum, payable semi-annually; 
and shall be signed by the treasurer and countersigned by 
the mayor of the city or, in the case of the town, shall be 
signed by the treasurer and countersigned by the selectmen. 
The city, by its mayor and treasurer, and the town, by its 
selectmen and treasurer, may sell such bonds or notes at 
public or private sale, upon such terms and conditions as 
they may deem proper, but the bonds or notes shall not be 
sold for less than their par value; and the proceeds shall be 
used only for the purposes herein specified. 

1913, 564, sect. 6. The city or town shall at the time of 
authorizing said loan or loans provide for the payment 
thereof in accordance with the foregoing provisions of this 
Assessment act; and when a vote to that effect has been 
°' ***■ passed by the city council, or at any annual town 

meeting, a sum wliich will be sufficient to pay the interest as 
it accrues on the bonds or notes issued as aforesaid by the 
city or town, and to make such payments on the principal as 
may be required under the provisions of this act, shall, 
without further vote, be assessed by the assessors of the city 



25 



or town annually thereafter, in the same manner in which 
other taxes are assessed, until the de])t incurred by said loan 
or loans is extinguished. 

FOREST FIRE LAWS. 
Forest Wardens in Cities and Towns. 

R. L. 32, sect. 16, as amended, 1907, 475, sect. 1, and 
1913, 600. The mayor and aldermen in cities and the select- 
men in towns shall annually, in Januaiy, appoint Appoint- 
a forest warden, and they shall forthwith give fS?est° 
notice of such appointment to the state forester. ^'*'"<*®»i8. 
The appointment of a forest warden shall not take effect 
unless approved by the state forester, and when so approved 
notice of the appointment shall be given by the mayor and 
aldermen or by the selectmen to the person so appointed 
and approved. Wlioever having been duly appointed fails 
within seven days after the receipt of such notice to file with 
the city or town clerk liis acceptance or refusal of the office 
shall, unless excused by the mayor and aldermen or by the 
selectmen, forfeit ten dollars. Nothing in thLs act or in any 
other act shall be construed to prevent the offices of tree 
warden, selectman, chief of fire department and forest warden 
from being held by the same person. 

1907, 475, sect. 2. The forest warden shall take precautions 
to prevent the spread of forest fires and the improper kindling 
thereof, and shall have sole charge of their extinguishment. 
He shall investigate the causes and extent of j,mjgg ^j 
forest fires and the injury done thereby, the forest 
values of forest lands, the character and extent 
of wood-cutting operations, the prevalence of insect pests 



26 



injurious to forest growth, and other matters affecting the 
extent and condition of woodlands in his city or town, and 
shall report thereon to the state forester at such times and in 
such form as the state forester may require. He shall also 
post in suitable places in the city or town such warnings 
against the setting of forest fires and statements of the law 
relating thereto as may be supplied to him by the state 
forester. The engineers of fire departments in cities and 
in towns in which a fire department exists and which have 
so voted shall perform the duties and exercise the powers 
of forest wardens wath respect to forest fires. 

R. L. 32, sect. 20, as amended, 1907, 475, sect. 3. The 
forest warden may appoint deputies to assist him in the per- 
AnDoi tme t formance of his duties and may discharge the 
of deputies same, and he or his deputies may, if in their 

and requisi- ' . '■ / r 

tion of men judgment there is danger from a forest fire, em- 
and property. , . , . i 

ploy assistance or require any male person in 

their city or town between the ages of eighteen and fifty years 
to aid in its extmguishment or prevention, and may require 
the use of horses, wagons and other property adapted to that 
purpose, and shall keep an account of the time of all persons 
assisting them and a schedule of all property so used. 

1907, 475, sect. 4. The state forester shall from moneys 
annual]}^ appropriated for the expenses of his office recom- 
pense the forest wardens for the time spent by 
tion of forest them in making investigations under his direction 
according to the provisions of section two of this 
act: provided, that the state forester shall not be liable to 
make any such payment except upon the presentation of a 
duly itemized account, or to pay for such investigations at a 
rate greater than that of thirty-five cents an hour, or in excess 
of the appropriation available for such payment. 



27 



1907, 475, sect. 6. Forest wardens, their deputies and 
assistants shall not be liable for trespass wliile act- Liability for 
ing in the reasonable performance of their duties. ^ ^p^^^- 

1907, 475, sect. 7. Whoever wilfully and maliciously 
tears down or destroys any notice posted under Destruction 
the provisions of section two of this act shall be 
punished by a fine of ten dollars. 

1907, 475, sect. 8. The state forester may from moneys 
appropriated annually for the expenses of his office expend a 
sum not exceeding two thousand dollars in making Forestry 

, /. ,. e e J. conventions. 

necessary arrangements tor conventions oi forest 
wardens and in paying wholly or in part the travelling ex- 
penses to and from their towns of such forest wardens as 
attend this convention: provided, that no moneys shall be 
expended under authority of this section in paying the trav- 
elling expenses of any one warden to or from more than one 
convention in any one year; and provided, further, that said 
conventions shall be held at a place within the commonwealth. 

Powers of Forest Wardens in Fighting Fires, and to 
call for Assistance. 

R. L. 32, sect. 19, as amended, 1907, 475, sect. 5. If a 
fire occurs in woodland, two or more of the forest wardens of 
the town, or of a town containing woodland Back fires in 
which is endangered by such fire, who are pres- 
ent at a place in immediate danger of being burned over, 
may set back fires and take all necessary precautions to pre- 
vent the spread of the fire. 

R, L. 32, sect. 21. Whoever wilfully refuses or neglects, 
without sufficient cause, to assist, or to allow the use of his 
horses, wagons or other property as required by penalty for 
the preceding section, shall, for each offence, be ^ 



28 



punished by a fine of not less than five nor more than one 
hundred dollars, to be equally divided between the com- 
plainant and the town, and may also be imprisoned for not 
more than sixty days. 

R. L. 32, sect. 23. Payment shall be made to forest wardens, 
to their deputies, and to the persons assisting them, and for 
Bate of property used under their direction at a forest 

paymen . ^^^^ ^^ ^ ^^^^ prescribed by the town, or in de- 
fault of its action thereon, by the selectmen. No such pay- 
ment shall be made until an itemized account, approved by 
the forest wardens under whose direction the work was done 
or assistance furnished, shall have been filed with the oflftcer 
making payment. 

R. L. 32, sect. 25. Money appropriated by a town under 
the provisions of section seventeen of chapter twenty-five, 
Expenditures for the prevention of forest fires, and all fines 
aut onze . j,gggjyg(j under the provisions of sections twenty- 
one, twenty-two and twenty-four of this chapter and section 
nine of chapter two hundred and eight shall be expended by 
the forest warden, under the supervision of the selectmen, in 
trimnaing brush out of wood roads, in preparing and pre- 
serving suitable lines for back fires or in other ways adapted 
to prevent or check the spread of fire; or such town may ex- 
pend any portion of such money in taking in the name of the 
town such woodland as the selectmen, upon the recommenda- 
tion of the forest warden, consider expedient for the purpose 
of preventing forest fires. Such taking and the payment of 
damages therefor or for injury to property, other than by 
fire or back fire, shall be governed by the laws relating to the 
taking of land for highways. 



29 



Setting of Fires in the Open Air. 

G. A. 1916, 51, sect. 1. It shall be unlawTful within any city 
or town for any person to set, maintain or increase a fire in the 

oi3en air between the first day of March and the „ 

. . Permit law. 

first day of December except by written permis- 
sion of the fire prevention commissioner for the metropolitan 
district within the said district, or of the forest warden or 
chief of the fire department in other cities and towns, or, in 
cities that have such an official, the fire commissioner: pro- 
vided, that debris from fields, gardens and orchards, and leaves 
and rubbish from yards may be burned on ploughed fields 
by the owners thereof, their agents or lessees; and provided, 
further, that persons above the age of eighteen years may 
set or maintain a fire for a reasonable purpose upon sandy 
land, or upon salt marshes or sandy or rocky beaches border- 
ing upon tide water, if the fire is enclosed within rocks, metal 
or other non-inflammable material. In every case such a 
fire shall be at least two hundred feet distant from any 
sprout or forest land, and at least fifty feet distant from any 
building, and shall be properly attended until it is extin- 
guished. The forest wardens in towns and officials performing 
the duties of forest wardens in cities shall cause public notice 
to be given of the provisions of this section and shall enforce 
the same. Wlioever violates any provision of this section 
shall be punished by a fine of not more than one hundred 
dollars, or by imprisonment for not more than one month, or 
by both such fine and imprisonment. 

G. A. 1916, 51, sect. 2. The provisions of the preceding 
section shall not apply to fires which may be set, maintained 

or increased within the metropolitan district in „ 

, . , , . , , , Exceptions, 

accordance with regulations and methods ap- 



30 



proved by the fire prevention commissioner for the snid 
district, nor to fires which may be set for the purpose of sup- 
pressing gypsy and brown tail moths in accordance with 
regulations and methods approved by the state forester, nor 
to fires set or increased within the limits of any public way 
by the employees of the commonwealth or of any county, 
city or town in the performance of public work. 
G. A. 1916, 51, sect. 3. The state forester shall notify 

„ , the forest warden in every town and the official 

Notice. . 

performing the duties of forest warden in every 

city in the commonwealth of the passage of this act. 

G. A. 1916, 51, sect. 4. The state forester, the state fire 
warden or any duly authorized assistant of the state forester, 
forest wardens in towns and officials performing 
the duties of forest wardens in cities, or any duly 
appointed deputy forest warden may arrest without warrant 
any person found in the act of setting, maintaining or in- 
creasing a fire in violation of the provisions of this act. 

G. A. 1916, 51, sect. 5. Section twenty-four of chapter 
thirty-two of the Revised Laws, and chapter two hundred 
and nine of the acts of the year nineteen hundred and eight, 
as amended by chapter two hundred and forty-four of the 
acts of the year nineteen hundred and eleven and by sections 
three and four of chapter four hundred and nineteen of the 
acts of the year nineteen hundred and twelve are hereby 
repealed. 

1910, 141. It shall be unlawful within any city or town in 
this commonwealth for any person to liberate or fly fire 
Fire balloons balloons of any description. Whoever violates 
^^° ' ■ this act shall be punished by a fine of not more 
than one hundred dollars, or by imprisonment for not more 
than one month or by both such fine and imprisonment. 



31 



Disposal of Slash or Brush following Wood or Lumber 
Operations. 

1914, 101, sect. 1. Every owner, tenant or occupant of 
land, and every owner of stumpage, who cuts or permits the 
cutting of wood or timber on woodland owned 40-foot fire 
or occupied by him or on which lie has acquired "^* '^^^ ' ' 
stumpage by purchase or otherwise, and which borders upon 
the woodland of another or upon a highway or railroad loca- 
tion, shall clear the land of the slash and brush wood then 
and there resulting from such cutting for such distance, not 
exceeding forty feet, from the woodland of such other person, 
highway or railroad location as the local forest warden shall 
determine, and within such time and in such manner as he 
shall determine. 

1914, 101, sect. 2. Any person who cuts or causes to be 
cut trees or brushes or undergrowth within the limits of any 
highway or public road shall dispose of the ^. 

,,11, , , , , , • Disposal of 

slash and brush wood then and there resultnig brush along 

from such cutting within such time and in such 

manner as the forest warden of the city or town wherein 

such cutting is done shall determine. 

1914, 101, sect. 3. Whoever neglects to comply with the 

directions of the forest warden with regard to the disposal 

of slash and brush, as provided in sections one „ 

' ^ Penalty, 

and two of this act may be punished by a fine 

of not less than five dollars nor more than fifty dollars. 

1914, 101, sect. 4. This act shall take effect on the first 

day of January in the year nineteen hundred and fifteen. 



32 



Exemplary Damages for injuring Timber and Special 
Liability of Railroads. 

R. L. 185, sect. 7. A person who without license wilfully 
cuts down, carries away, girdles or otherwise destroys any 
Treble trees, timber, wood or underwood on the land of 

wlwuUy^ °^ another shall be liable to the owner in an action 
cutting, etc. q£ ^qj.^ £qj, lY^YQQ times the amount of damages 

assessed therefor; but if it is found that the defendant had 
good reason to believe that the land on which the trespass 
was committed was his own or that he was otherwise lawfully 
authorized to do the acts complained of, he shall be liable for 
single damages only. 

R. L, 111, sect. 270. Every railroad corporation and street 
railway company shall be liable in damages to a person or 

corporation whose buildings or other property 
liability for may be injured by fire communicated by its 

locomotive engines, and shall have an insurable 
interest in the property upon its route for which it may be so 
held liable, and may procure insurance thereon in its own 
behalf. If it is held liable in damages, it shall be entitled to 
the benefit of any insurance effected upon such property by 
the owner thereof, less the cost of premium and exj^ense of 
recovery. The money received as insurance shall be deducted 
from the damages, if recovered before they are assessed; and 
if not so recovered, the policy of insurance shall be assigned 
to the corporation which is held liable in damages, and it 
may maintain an action thereon. 



33 



Land adjoining Railroads, and Powers and Duties of 
Railroads. 

1907, 431, sect. 1. Every corporation operating a steam 
railroad within this commonwealth shall, subject to the 
approval of the board of railroad commissioners, Spark 
install and maintain a spark arrester on every required; 
engine in its service in which wood, coke or coal inflammable 
is used as fuel, and shall, between the first day material, 
of April and the first day of December in each year, keep the 
full width of all of its locations over which such engines are 
operated, to a point two hundred feet distant from the centre 
line on each side thereof, clear of dead leaves, dead grass, 
dry brush or other inflammable material, and shall not at any 
time leave any deposit of fire, hot ashes or live coals upon its 
locations in the immediate vicinity of woodlands or grass 
lands, and shall post in stations and other conspicuous places 
within its location and right of way such notices and warning 
placards as are furnished to it for the purpose by the state 
forester: provided, that nothing in this section shall be con- 
strued to prohibit any railroad corporation from piling or 
keeping upon its location or right of way crossties or other 
material necessary for the maintenance and operation of its 
railroad. 

1907, 431, sect. 2. Any railroad corporation may, upon 
giving notice according to the provisions of this section, enter 
upon unimproved land adjoining any location or j^^^ ^.^^^^ 
right of way upon which it operates engines adjoining 
burning wood, coke or coal, and may there at its 
own expense and subject to the direction of the forest warden, 
or the officer or board having his powers, in the city or town 



34 



in which the land is situated, clear such land of dead leaves, 
dead grass and dead wood to a distance of one hundred feet 
from the tracks, without thereby becoming liable for trespass: 
provided, that no railroad corporation shall, under the pro- 
visions of this section, do any acts on unimproved land out- 
side its location or right of waj^, unless it has within two 
months given fourteen days' notice in writing by mail or 
otherwise to the occupant of the land, and to the owaier 
thereof, if he resides or has a usual place of business in the 
citj' or town in which it is situated, and if the land Ls unoccu- 
pied and the owner does not reside or have a usual place of 
business in the city or town, then, unless the railroad corpora- 
tion has within two months published notice of its purpose 
once in three successive weeks in a newspaper published in 
the county in which the land is situated, and unless it has 
within three days given at least twenty-four hours' notice to 
the forest warden [or the ofhcer or board having his powers], 
in the city or town in which the land is situated of the location 
of the land which it intends to enter under the provisions of 
this section, and of the time at which it intends to enter the 
same; and provided, further, that no notice hereby required 
shall be valid unless it sets forth the provisions of this section. 
1907, 431, sect. 3. Any engineer, conductor or other em- 
ployee on a train who discovers a fire burning uncontrolled 
Railroad on lands adjacent to the tracks shall forthwith 
re signa . Qg^^ise a fire signal to be sounded from the engine, 
which shall consist of one long and three short whistle blasts 
repeated several times, and shall notify the next sectionmen 
whom the train passes, and the next telegraph station, of the 
existence and location of the fire. The provisions of tliis 
section shall not affect the authority conferred upon the 



35 



board of railroad commissioners by the provisions of section 

one hundred and forty-eight of Part II of chapter four hundred 

and sixty-three of the acts of the year nineteen hundred and 

six. 

1907, 431, sect. 4. Sectionmen or other employees of a 

railroad corporation who receive notice of the existence and 

location of a fire burning on land adjacent to the Duties of 

tracks shall forthwith proceed to the fire and railroad 

^ . . , . employees. 

shall use all reasonable efforts to extinguish it: 

provided, that they are not at the time employed in labors 

immediately necessary to the safety of tracks or to the safety 

and convenience of passengers and the public. 

1907, 431, sect. 5. Railroad corporations shall inform their 

employees as to their duties under this act and jy^^i^ ^f 

shall furnish them with the appropriate facilities railroad cor- 

• 1 • \ ^ porations. 

for reporting and extinguishing such fires. 

1907, 431, sect. 6. Nothing in this act shall be construed 

to give any railroad corporation power to enter Proviso as to 

. . . J. . , , , park lands, 

upon, or to interfere in the management or care 

of, any public park or reservation. 

1909, 394, sect. 1. Any railroad corporation which, by its 
servants or agents, negligently, or in -violation of law, sets 
fire to grass lands or forest lands shall be liable Railroad 
to any city or town in which such fire occurs, ^* ' ^' 
for the reasonable and lawful expense incurred by such city 
or town in the extinguishment of the fire. 

1909, 394, sect. 2. Cities and towns may recover sums to 
which they are entitled under the provisions of this act l^y an 
action of contract in the superior court. 



36 



Town Appropriations. 

R. L. 25, sect. 17. A town which accepts the provisions of 
this section, or has accepted the corresponding provisions of 
Prevention of earlier laws, may appropriate money for the pre- 
ores res. yention of forest fires to an amount not exceeding 
one-tenth of one per cent of its valuation. 

1914, 262, sect. 1. Section one of chapter three hundred 
and ninety-eight of the acts of the year nineteen hundred and 
Purchase of ^^^> ^^ hereby amended by striking out the words 
fire equip- "five hundred", in the second line, and insert- 
ing in place thereof the words : — seven hundred 
and fif t}^, — so as to read as follows : — Section 1 . Every 
to^vn in the commonwealth with a valuation of one million 
seven hundred and fifty thousand dollars or less which ap- 
propriates and expends money, with the approval of the state 
forester, for apparatus to be used in preventing or extinguish- 
ing forest fires or for making protective belts or zones as a 
defence against forest fires, shall be entitled, upon the recom- 
mendation of the state forester, approved by the governor, 
to receive from the treasury of the commonwealth a sum 
equal to one half of the said expenditure, but no town shall 
receive more than two hundred and fifty dollars. 

1910, 398, sect. 2. A sum not exceeding five thousand dol- 
lars in any one year may be expended in carrying out the 
provisions of this act. 

1910, 478, sect. 1. It shall be unlawful for any unnatural- 
ized, foreign-born person to pick wild berries or flowers, or to 
regulation of ^^'^P ^^ picnic upon any land of which he is 
Barnstable j^ot the o^\^ler, within the counties of Barnstable 

and Plymouth , r- c a i i 

counties. and Plymouth, between the hrst day or Ajiril and 



37 



the first day of December, without first obtaining WTitten per- 
mission so to do from the owner or owners of the land. Tlie 
said written permit shall not be transferable, and shall be 
exhibited upon demand to the forest warden, or his deputies, 
of the town wherein the land is located, or upon demand of 
any sheriff, constable, police officer or other oflricer authorized 
to arrest for crime. Failure or refusal to produce said permit 
upon such demand shall be prima facie evidence of a violation 
of this act, and any forest warden or any duly authorized 
deputy forest warden, police oflficer, sheriff or other officer 
authorized to arrest for crime, may arrest without warrant 
any person who fails or refuses to display for inspection the 
said permit upon the demand of any of the oflficials named in 
this act. 

1910, 478, sect. 2. Whoever violates any provision of this 
act shall be punished by a fine of not more than 
fifty dollars, or by imprisonment for not more 
than thirty days, or by both such fine and imprisonment. 

Use of Spark Arresters on Portable Steam Sawmills, 
Steam Rollers, Steam Shovels and Steam Trac- 
tors. 

G. A. 1917, 51, sect. 1. It shall be unlawful for any person, 
firm or corporation, except when the ground is use of spark 
covered with snow, to operate in or adjacent to 
forest or grass lands, any portable steam sawmill, steam roller, 
steam shovel, or steam tractor, which burns wood, coke, 
coal, or other spark-producing material as fuel, unless the 
same is provided with a suitable spark arrester, approved 
by the state forester. 



38 



G. A. 1917, 51, sect. 2. Authority is hereby given to the 
state forester or his duly authorized assistants to inspect 
State ^^^ appliances described in section one, to de- 

forester's termine whether they are provided with suitable 
authority. . i • , i 

spark-arresters m accordance with the provisions 

hereof. 

G. A. 1917, 51, sect. 3. Any violation of the provisions of 
this act shall be punished by a fine of not less 
than fifty nor more than one hundred dollars. 

G. A. 1917, 51, sect. 4. This act shall not apply within the 

metropolitan district as defined in section one of 
Exceptions. 

chapter seven hundred and ninety-five of the acts 

of the year nineteen hundred and fourteen. 



Close Season for Game in Times of Drouth. 

1909, 422, sect. 1. Whenever, during an open season for 
the hunting of any kind of game in this state, it shall appear 
Governor to the governor that by reason of extreme drouth 
may proc aim-j-j^g ^gg ^f firearms in the forest is liable to cause 
forest fires, he may, by proclamation, suspend the open 
season and make it a close season for the shooting of birds and 
wild animals of every kind for such time as he may designate, 
and may prohibit the discharge of firearms in or near forest 
land during the said time. 

1909, 422, sect. 2. During the time designated as above by 
the governor, all provisions of law relating to the close season 
shall be in force, and v/hoever violates any such 
provisions shall be subject to the penalties pre- 
scribed therefor. In case any person shall, during a close 
season proclaimed as aforesaid, discharge a firearm in or near 
forest land, or shoot any wild animal or l^ird, as to which 



39 



there is no close season otherwise provided by law, he shall be 
subject to a fine of not more than one hundred dollars. 

1909, 422, sect. 3. A proclamation issued under authority 
hereof shall be published in such newspapers of the state 
and posted in such places and in such manner as publication 
the governor may direct, under the charge and ° 
direction of the state forester and the commissioners on 
fisheries and game. 

Punishable Offences against Forest Lands. 

R. L. 208, sect. 5. Whoever wilfully and maliciously burns 
or otherwise destroys or injures a pile or parcel of wood, 
boards, timber or other lumber, or any fence, bars getting fire 
or gate, or a stack of grain, hay or other vegetable Jo woodpiles, 
product, or any vegetable product severed from 
the soil and not stacked, or any standing tree, grain, grass or 
other standing product of the soil, or the soil itself, of another, 
shall be punished by imprisonment in the state prison for not 
more than five years, or by a fine of not more than five hundred 
dollars and imprisonment in jail for not more than one year. 

R. L. 208, sect. 7. Whoever by wantonly or recldessly 
setting fire to any material causes injury to, or the destruction 
of, any growing or standing wood of another injury 
shall be punished by a fine of not more than caused by 

'^ '' reckless 

one hundred dollars or by imprisonment for not setting of 
more than six months, 

R. L. 208, sect. 8. Whoever wilfully or without reasonable 
care sets fire upon land of another whereby the property of 
another is injured, or whoever negligently or wil- yf^^^ji 
fully suffers any fire upon his own land to ex- setting of 
tend beyond the limits thereof, whereby the woods 



40 



or property of another are injured, shall be punished liy a fine 
of not more than two hundred and fifty dollars. 

R. L. 208, sect. 9. Whoever in a town which accepts the 
provisions of this section, or has accepted the corresponding 
Penalty for provisions of earlier laws, sets a fire on land which 
ex*«ngu^h*° is not oA\aicd or controlled by him and before 
^'"®^" leaving the same neglects to entirely extinguish 

such fire, or whoever wilfully or negligently suffers a fire 
upon his own land to escape beyond the limits thereof to the 
injury of another, shall be punished by a fine of not more than 
one hundred dollars, or by imprisonment in jail for not more 
than one month, or by both such fine and imprisonment; 
and shall also be liable for all damages caused thereby. Such 
fine shall be equally divided between the complainant and 
the town. 

R. L. 208, sect. 99, as amended, 1904, 444, sect. 1. Who- 
ever wilfully cuts down or destroys timber or wood standing 
Cutting of or growing on the land of another, or carries 
tim er. away any kind of timber or wood cut down or 

lying on such land, or digs up or carries away stone, ore, 
gravel, clay, sand, turf or mould from such land, or roots, 
nuts, berries, gi-apes or fruit of any kind or any plant there 
being, or cuts down or carries away sedge, grass, hay or any 
kind of corn, standing, growing or being on such land, or cuts 
or takes therefrom any ferns, flowers or shrubs, or carries 
away from a wharf or landing place any goods in which he has 
no interest or property, without the license of the owner 
thereof, shall be punished by imprisonment for not more than 
six months or by a fine of not more than five hundred dollars, 
and if the offence is committed on the Lord's day or in dis- 
guise or secretly in the night time the imprisonment shall 
not be less than five days nor the fine less than five dollars. 



41 

1907, 299. The coinmLssioners on fisheries and game and 
their duly authorized deputies may arrest without a warrant 
any person found in the act of unlawfully setting Duties of 
a fire. Said commissioners and their deputies game"^ 
may require assistance according to the pro- Protectors, 
visions of section twenty of chapter thirty-two of the Revised 
Laws, and they shall take precautions to prevent the progress 
of forest fires, or the improper kindling thereof, and upon 
the discovery of any such fire shall immediately summon 
the necessary assistance, and notify the forest fireward 
of the town. 



42 



LAWS RELATING TO THE SUPPRESSION OF 
THE GYPSY AND BROWN-TAIL MOTHS. 



Chapter 381, Acts of 1905, as amended by Chapter 268, Acts 
OF 1906, BY Chapter 521, Acts of 1907, by Chapter 591, 
Acts of 1908, by Chapter 150, Acts of 1910, by Chapter 474, 
Acts of 1911, and Chapter 600, Acts of 1913. 

An Act to provide for Suppressing the Gypsy and 
Brown Tail Moths. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of this act the pupse, nests, 

egss and caterpillars of the gypsy and brown tail moths and 

^, said moths are hereby declared public nuisances, 

Gypsy moth , , , . . . , , • , , . , 

declared and their suppression is authorized and required; 
but no owner or occupant of an estate infested by 
such nuisance shall by reason thereof be liable to an action, 
civil or criminal, except to the extent and in the manner and 
form herein set forth. 

Section 2} The governor, by and with the consent of the 
council, shall appoint a superintendent for suppressing the 
Appoint- g>'ppy and brown tail moths and shall determine 
^^rhi- ^is salary. The governor may, with the con- 
tendent. ^^^^ ^f ^j^g council, remove said superintendent 
at any time for such cause as he shall deem sufficient. In 
case of the death, removal or resignation of the superintendent 

> The oflSce of superintendent was abolished by chapter 263, Acts of 1909, and 
the State Forester was placed in charge of the work of suppressing the gypsy and 
brown tail moths. See chapter 263, Acta of 1909, printed on page 13. 



43 



the governor shall forthwith appoint a successor. On or before 
the third Wednesday in January in each year the superin- 
tendent shall make a report of his proceedings to the general 
court, which shall be a public document and shall be printed. 
Said report shall separate so far as is practicable the expendi- 
tures on work against the gypsy moth from those on work 
against the brown tail moth in each city and town. 

Section 3. [As amended by section 1, chapter 268, Acts 
of 1906, and by section 1, chapter 591, Acts of 1908.] The 
said superintendent shall act for the common- po^g^a ^f 
wealth in suppressing said moths as public nui- superin- 
sances, in accordance with the provisions of this 
act. For this purpose he shall establish an office and keep a 
record of his doings and of his receipts and expenditures, and 
may, subject to the approval of the governor, make rules and 
regulations governing all operations by cities, towns or indi- 
viduals under this act. He may employ such clerks, as- 
sistants and agents, including expert advisers and inspectors, 
as he may deem necessary and as shall be approved by the 
governor. He may make contracts on behalf of the com- 
monwealth; may act in co-operation with any person, per- 
sons, corporation or corporations, including other states, the 
United States or foreign governments; may conduct in- 
vestigations and accumulate and distribute information con- 
cerning said moths; may devise, use and require all other 
lawful means of suppressing or preventing said moths; may 
lease real estate when he deems it necessary, and, with the 
approval of the board in charge, may use any real or per- 
sonal property of the commonwealth; may at all times enter 
upon the land of the commonwealth or of a municipality, 
corporation, or other owner or owners, and may use all 



44 



reasonable means in carrying out the purposes of this act; 
and, in the undertakings aforesaid, vcia,y, in accordance with 
the provisions of this act, expend the funds appropriated or 
donated therefor; but no expenditure shall be made or lia- 
bility incurred in excess of such appropriations and donations. 
The clerks, assistants and agents employed by said super- 
intendent may at all times, in carrying out the purposes of 

this act, enter upon the land of the common- 
Agents may .... 
enter upon wealth or of a municipality, corporation or 
land. , , 

other owner or owners. 

Section 4. [As amended by section 2, chapter 268, Acts 
of 1906; by section 1, chapter 521, Acts of 1907; by section 1, 
Appointment chapter 150, Acts of 1910, and chapter 600, Acts 
mo«i super- of 1913.] The mayor and aldermen in cities and 
mtendent. ^^i^ selectmen in towns shall annually in the month 
of January appoint a local superintendent for the suppression 
of the gJT^y ^^d brown tail moths. Said superintendent shall 
under the advice and general direction of the state forester 
destroy the eggs, caterpillars, pupa; and nests of the gypsy and 
brown tail moths within their limits, except in parks and other 
property under the control of the commonwealth, and except in 
private property, save as otherwise provided herein. The said 
appointments of local superintendents shall not take effect 
unless approved by the state forester, and when so approved, 
notice of the appointment shall be given by the mayor and 
aldermen or selectmen to the person so appointed. When any 
city or town shall have expended within its limits city or town 
funds to an amount in excess of five thousand dollars in any 
one fiscal year, in suppressing gypsy or brown tail moths, the 
commonwealth shall reimburse such city or town to the extent 
of fifty per cent of such excess above said five thousand dollars. 



45 



Cities or towns, where one twenty-fifth of one per cent of 
the assessed vahiation of real and personal property is less 
than five thousand dollars, and where the as- Reimburse- 
sessed valuation of real and personal property is ^ti^g and 
greater than six million dollars, shall be reira- ^o^^^^- 
bursed by the commonwealth to the extent of eighty per 
cent of the amount expended by such cities or towns of city 
or town funds in suppressing the gypsy and brown tail moths 
in any one fiscal year, in excess of said one twenty-fifth of 
one per cent. 

In the case of towns where the assessed valuation of real 
and personal property is less than six million dollars, after 
they have expended in any one fiscal year town funds to an 
amount equal to one twenty-fifth of one per cent of their 
assessed valuation of real and personal property, the com- 
monwealth shall expend within the limits of such towns, for 
the purpose of suppressing the gypsy and brown tail moths, 
such an amount in addition as the superintendent with the 
advice and consent of the governor shall recommend. 

The commonwealth shall reimburse cities and towns every 
sixty days according to the provisions of this act. 

No city or town shall be entitled to any reimbursement from 
the commonwealth until it has submitted to the auditor of 
the commonwealth itemized accounts and vouchers showing 
the definite amount expended by it for the purpose of this 
act; nor shall any money be paid out of the treasury of the 
commonwealth to cities or towns, pursuant to the provisions 
of this act, until said vouchers and accounts have been ap- 
proved by the superintendent and the auditor of the com- 
monwealth. 

For the purposes of this section, the valuation of the 



46 



previous year shall be taken as a basis. The fiscal j^ear for 
nineteen hundred and seven and for all succeeding years shall 
close on the thirtieth day of November. 

Section 5. [As amended by section 3, chapter 268, Acts 
of 1906, by section 2, chapter 521, Acts of 1907, and chapter 
Cities and '^^'^' ^^^^ °^ 1911.] Wlien, in the opinion of the 
to^^ns com- superintendent, any city or town is not expend- 
mg a surncient amount for the abatement of said 
nuisance, or is not conducting the necessary work in a proper 
manner, then the superintendent shall, with the advice and 
consent of the governor, order such city or town to expend 
such an amount as the superintendent shall deem necessary, 
and in accordance with such methods as the superintendent, 
with the consent of the governor, shall prescribe: provided, 
that no city or town where the assessed valuation of real and 
personal property exceeds six million dollars shall be re- 
quired to expend, exclusive of any reimbursement received 
from the commonwealth, during any one full year more than 
one fifteenth of one per cent of such valuation, and that no 
town where the assessed valuation of real and personal prop- 
erty is less than six million dollars shall be required to expend, 
exclusive of any reimbursement received from the common- 
wealth, during any one full year more than one twenty-fifth 
of one per cent of such valuation. For the purposes of this 
section the valuation of each previous j'^ear shall be used. 

Any city or town failing to comply with the directions of 
the said superintendent in the performance of said work 
within the date specified by him shall pay a 
fine of one hundred dollars a day for failure so 
to do; said fine to be collected by information brought by 
the attorney-general in the supreme judicial court for Suffolk 
county. 



47 



In case of emergency, or where there is great or immediate 

danger of the increase or spread of the moths due to the 

neglect of any city or town to comply with the guporin- 

terms of this act, the superintendent, with the tendent may 
' ... take control. 

consent of the governor, may mitiate or contmue 

the work of suppressing the moths within the limits of such 

city or town for such a period as the superintendent may 

deem necessar}^ The cost of such work, including that done 

on private estates, less any sum due from the state by way of 

reimbursements on account of said work, shall be certified 

by the superintendent to the treasurer of the commonwealth, 

and be collected by him as an additional state tax upon the 

city or town so failing to comply with the requirements of the 

law. The superintendent may also in case of emergency, 

subject to the approval of the governor, carry on wholly 

or in part such operations as may be necessary to check the 

spreading of the gypsy or brown tail moths in parks not 

under the control of the commonwealth, and in cemeteries, 

woodlands and other places of public resort. The amount 

to be so expended in anj'' one year shall not exceed ten per 

cent of the appropriations made for the year by the state for 

the purpose of suppressing said moths. 

The superintendent may also take complete control of the 

work of suppressing the gypsy and brown tail moths in such 

cities and towns as may through the proper c * . th 

officials request it. The cost of such work shall ^o^^^^o be 

certified, 
be certified by the superintendent to the treas- 
urer of the commonwealth and shall be collected by him as 
an additional state tax upon the city or town wherein such 
work is performed; provided, that no city or town shall be 
required to pay more for such work than would have been its 
hability, as defimed by section four of this act. 



48 



Section 6. [As amended by section 4, chapter 26S, Acts 
of 1900, by section 2, chapter 591, Acts of 1908, and by 
Notices to f'bapter 124, Acts of 1915.] The mayor of every 
property city and the selectmen of every town shall, on 

owners. 

or before the first day of November in each year, 
and at such other times as he or they shall see fit, or as the 
state superintendent may order, cause a notice to be sent to 
the owner or owners, so far as can be ascertained, of every 
parcel of land therein which is infested with said moths; or, 
if such notification appears to be impracticable, then by 
posting such notice on said parcels of land, requiring that the 
eggs, caterpillars, pupa? and nests of said moths shall be 
destroyed ^vithin a time specified in the notice. 

The publication of the notice in newspapers published or 
circulated in the city or town at least three times during 
Publication the month of October shall be deemed a com- 
o notice. pliance with the law, if in the opinion of the mayor 
or selectmen such publication will be a sufficient notice. 

When, in the opinion of the mayor or selectmen, the cost 
of destroying such eggs, caterpillars, pupae and nests on 
Cost to lands contiguous and held under one ownership 

owner. ^^ ^ ^j^^ ^^ town shall exceed one half of one per 

cent of the assessed value of said lands, then a part of said 
premises on which said eggs, caterpillars, pupa? or nests shall 
be destro3^ed may be designated in such notice, and such re- 
quirement shall not apply to the remainder of said premises. 
The mayor or selectmen may designate the manner in which 
such work shall be done, but all work done under this section 
shall be subject to the approval of the state superintendent. 

If the owner or owners shall fail to destroy such eggs, cater- 
pillarfe, pupa^ or nests in accordance with the requirements 



49 



of the said notice, tlien the city or town, acting by the public 
officer or board of such city or town designated or appointed 
as aforesaid, shall, subject to the approval of the said super- 
intendent, destroy the same, and the amount actually ex- 
pended thereon, not exceeding one half of one per cent of the 
assessed valuation of said lands, as heretofore specified in this 
section, shall be assessed upon the said lands; and such an 
amount in addition as shall be required shall be apportioned 
between the city or town and the commonwealth in accord- 
ance with the provisions of section four of this act. The 
amounts to be assessed upon private estates as herein pro- 
vided shall be assessed and collected, and shall be a lien on 
said estates, in the same manner and with the same effect as 
is provided in the case of assessments for street watering. 

The public officer or board of any city or town designated 
or appointed as aforesaid, or any agent or employee of such 
public officer or board, may at any time enter puvi- « 

upon any parcel of land within the limits of such ™ay enter 

upon land. 
city or town for the purpose of determmmg 

whether or not such parcel of land is infested with said moths, 
or the extent to which such parcel of land is so infested. 

Section 7. [As amended by section 5, chapter 268, Acts 
of 1906, and by section 3, chapter 521, Acts of 1907.] If, in 
the opinion of the assessors of a city or town, any 
land therein has received, by reason of the abate- 
ment of said nuisances thereon by said superintendent or by 
said city or town, a special benefit beyond the general ad- 
vantage to all land in the city or town, then the said as- 
sessors shall determine the value of such special benefit and 
shall assess the amount thereof upon said land: provided, 
that no such assessment on lands contiguous and held under 



50 



one ownership shall exceed one half of one per cent of the 
assessed valuation of said lands; and provided, that the owner 
or owners shall have deducted from such assessment the 
amount paid and expended by them during the twelve months 
last preceding the date of such assessment toward abating 
the said nuisances on said lands, if, in the opinion of the 
assessors, such amount has been expended in good faith. 
. . Such assessment shall be a lien upon the land for 

a lien upon three years from the first day of January next 
after the assessment has been made, and shall 
be collected under a warrant of the assessors to the collector 
of taxes of such city or town, in the manner and upon the 
terms and conditions and in the exercise of the powers and 
duties, so far as they may be applicable, prescribed by chap- 
ter thirteen of the Ee vised Laws relative to the collection of 
taxes. 

Real estate sold hereunder may be redeemed within the 

R ai e tate time, in the manner, and under the provisions 

may be of law, SO far as they may be applicable, set 

forth in chapter thirteen of the Revised Laws 

for the redemption of land sold for taxes. 

A person aggrieved by such assessment may appeal to 

the superior court for the county in which the land lies, by 

Comniaint entering a complaint in said court within thirty 

of assess- days after he has had actual notice of the as- 
ment. . . 

sessment, which complaint shall be determined 

as other causes by the court without a jury. The complaint 
shall be heard at the first sitting of said court for trials with- 
out a jury after its entry; but the court may allow further 
time, or may advance the case for speedy trial, or may ap- 
point an auditor as in other cases. The court may revise 



51 



the assessment, may allow the recovery back of an amount 
wrongfully assessed which has been paid, may set aside, in a 
suit begun within three years from the date thereof, a col- 
lector's sale made under an erroneous assessment, may 
award costs to either part}'' and may render such judgment as 
justice and equity require. 

If, in the opinion of the assessors, the owner of an estate 
upon which an assessment as aforesaid has been made is, by 
reason of age, infirmity or poverty unable to pay Abatement 
the assessment, they may upon application abate ° ^^' 
the same. Every city or town in rendering an account to 
the state auditor as provided for in section four of this act 
shall deduct from such amount as it has expended the total 
amount it has assessed for work performed under section six 
of this act during the term covered by the account : provided, 
such work was performed under such conditions as require 
reimbursement in whole or in part by the state. 

Section 8. To meet the expenses incurred under au- 
thority of this act, there shall be allowed and paid out of the 
treasury of the commonwealth, during the period Appropria- 
up to and including May first, nineteen hundred ^°^^' 
and seven, the sum of three hundred thousand dollars. Of 
this amount seventy-five thousand dollars may be expended 
during the calendar year nineteen hundred and five; one 
hundred and fifty thousand dollars, and any unexpended 
balance of the previous year, may be expended during the 
calendar year nineteen hundred and six; and seventy-five 
thousand dollars, and any unexpended balance of the previous 
years, may be expended during the calendar year nineteen 
hundred and seven, up to and including May first. 
Section 9. An additional sum of ten thousand doUtirs in 



52 



each of the years nineteen hundred and five, nineteen hun- 
dred and six and nineteen hundred and seven may, in the 
discretion of the state superintendent, be expended by him 
for experuTienting with parasites or natural enemies for de- 
stroying said moths, and any unexpended balance of any 
year may be expended in the subsequent years. 

Section 10. Chapter two hundred and ten of the acts of 
the year eighteen hundred and ninety-one and sections one 
and two of chapter five hundred and forty-four of the acts 
of the year eighteen hundred and ninety-eight and section two 
of chapter fifty-seven of the acts of the year nineteen hundred 
and two, are hereby repealed. 

Section U. [As amended by section 6, chapter 268, 
Acts of 1906.] A person who wilfully resists or obstructs the 
Fine for superintendent or an official of a city or town, or 

gypsy^moth a servant or agent duly employed by said super- 
^°'^^- intendent or by any of said officials, while law- 

fully engaged in the execution of the purposes of this act, or 
who knowingly fails to comply with any of the rules or reg- 
ulations issued by said superintendent, shall forfeit a sum 
not exceeding twenty-five dollars for each offence. 

Section 12. [As amended by section 4, chapter 521, 
Valuations ^^^^ ^^ 1907.] Valuations of real and personal 
of previous property of each previous year shall govern 
the provisions of this act. 

Section 13. This act shall take effect upon its passage. 



53 



Chapter 242, Acts of 1911. 

An Act relative to Abatement of Taxes for the Sup- 
pression of Moths. 

Be it enacted, etc., as follows: 

Section 1. A person aggrieved by the taxes assessed 

upon him for the suppression of gypsy and brown tail moths 

pursuant to the provisions of sections six and Application 

seven of chapter three hundred and eighty-one 'of abate- 

^ , ment of tax. 

of the acts of the year nineteen hundred and five, 

as amended by chapter two hundred and sixty-eight of the 
acts of the year nineteen hundred and six, by chapter five 
hundred and twenty-one of the acts of the year nineteen hun- 
dred and seven, and by chapter five hundred and ninety-one 
of the acts of the year nineteen hundred and eight, may, 
within six months after the date of the first tax bill issued 
on account of the taxes complained of, apply to the assessors 
for the abatement thereof; and if they find that he is taxed 
for more than his legal proportion, or for an amount in excess 
of what should have been assessed pursuant to the statute 
under which the tax was laid, they shall make a reasonable 
abatement. 

Section 2. The assessors shall not abate a tax under the 
provisions of section one except upon the written recom- 
mendation of the board or officer who certified the assessment 
in question to the assessors or provided them with the in- 
formation as to the work performed, upon which such tax 
was assessed, unless the error or excess complained of origi- 
nated in the worlc of the assessors who laid the tax. 

Section 3. The assessors shall keep a record of all tuxes 



54 



abated under the provisions of this act and shall preserve for 
three years all written recommendations received pursuant 
to section two. They shall furnish the collector of taxes with 
a certificate of each abatement hereunder, which shall relieve 
him from the collection of the sum abated. 
Section 4. This act shall take effect upon its passage. 

Chapter 605, Acts of 1913. 

An Act to authorize Local Moth Superintendents to 
furnish Arsenate of Lead to Real Estate Owners. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of assisting in the extermina- 
tion of gypsy and brown tail moths, the local moth superin- 
tendent in any city or town now receiving aid from the 
commonwealth in suppressing the said insect pests is hereby 
authorized to furnish, at the cost thereof, arsenate of lead to 
any owner of real estate situated within the limits of such 
city or town. Material purchased under the provisions hereof 
shall be used only for the suppression of gy\)sy and brown 
tail moths and only upon land of the purchaser. 

Section 2. The amounts due for material furnished under 
the provisions of section one shall be charged by the local 
moth superintendent to the owners of private estates and 
shall be collected in the same manner as the amounts assessed 
for private work, and shall be a lien on said estates in the 
same manner as the assessments for private work. The 
amount thus charged shall be deducted from the total amount 
expended in each city or town in the suppression of gypsy 
and brown tail moths in the same manner as the amounts 
charged for private work, as provided for in sections six and 



55 



seven of chapter three hundred and eighty-one of the acts 
of the year nineteen hundred and five and its several amend- 
ments. [Approt'ed May 7, 1913. 

Chapter 404, Acts of 1914. 

An Act to authorize Cities and Towns to suppress the 
Tent Caterpillar, Leopard Moth and Elm Beetle. 

Be it enacted, etc., as follows: 

Section 1. The city forester, superintendent or other 
person having charge of the suppression of gypsy and brown 
tail moths in each city and town in the commonwealth, or, 
where there is no such person, the tree warden, may destroy 
wdthin the limits of his city or town the tent caterpillar, 
leopard moth and elm beetle, if authorized so to do by the 
mayor and city council or commission in cities, or by the 
selectmen in towns. 

Section 2. For the purposes of this act the city forester 
or other officer designated in section one of this act may 
enter upon private land, and the owners of private land may 
be taxed for work done under the provisions of section one 
of this act in the manner provided by sections six and seven 
of chapter three hundred and eighty-one of the acts of the 
year nineteen hundred and five and acts in amendment thereof 
and in addition thereto: provided, however, that nothing con- 
tained in tliis act shall require the commonwealth to pay 
any part of any such expense, other than for the suppression 
of the gypsy and brown tail moths, that no land shall be 
assessed under the provisions of this act which has been 
assessed the maximum amount provided by said sections six 
and seven and amendments thereof for the suppression of 



56 



the gypsy and brown tail moths, and that the aggregate 
assessment on any parcel of private land for the suppression 
of the tent caterpillar, leopard moth, elm beetle and gypsy 
and brown tail moths shall not exceed the maximum provided 
by said sections six and seven and the amendments thereof. 

Section 3. This act shall take effect upon its passage. 
[Approved April 23, 1914- 

Chapter 171, Acts of 1915. 

An Act to authorize Cities and Towns to purchase 
Arsenate of Lead for the Purpose of Suppressing 
Insect Pests. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of assisting in the extermina- 
tion of insect pests the city forester, local moth superintend- 
ent or tree warden in any city or town may obtain from the 
state forester at the cost thereof, arsenate of lead. Material 
purchased under the provisions hereof shall be used only for 
the suppression of gypsy and brown-tail moths, the tent 
caterpillar, leopard moth and elm beetle, and only upon lands 
owned or controlled by the city or town. The cost of said 
material shall be certified by the state forester to the treas- 
urer of the commonwealth, and shall be collected by him as 
an additional state tax upon the city or town making such 
purchase. 

Section 2. This act shall take effect upon its passage. 
[Approved April 16, 1915. 






iii 




002 816 2' 




